Welcome to the Klein Zelman Rothermel LLP website located at www.kleinzelman.com the ("Website"). The Website is owned and operated by Klein Zelman Rothermel LLP ("KZR," "we" or "us"). Your use of the Website is subject to your agreement with the terms and conditions set forth hereinbelow (the "Agreement").
Please read this Agreement carefully before using the Website. By using the Website, you acknowledge your receipt of, and consent to, this Agreement and any subsequent modifications made hereafter. KZR may modify this Agreement at any time without prior notice to you. Such modifications shall be deemed effective upon the posting of the modified Agreement at the Website. You agree to periodically review the Agreement made available on the Website in order to remain apprised of any and all subsequent modifications. Your continued use of the Website shall be deemed your conclusive acceptance of the Agreement then in effect.
The Website is available for use only to individuals who can enter into legally binding contracts under applicable law. Notwithstanding the foregoing, the Website is not intended for use by individuals under the age of eighteen (18) and we do not knowingly gather or solicit information from such users. If you are under the age of eighteen (18), you do not have permission to use the Website in any manner whatsoever.
- CONTENT. At the Website, you will find information related to KZR.
- LIMITED LICENSE/PROPRIETARY RIGHTS. KZR hereby grants to you a limited, nonexclusive, nontransferable and revocable license to use the Website and associated content in accordance with this Agreement. KZR may terminate this license at any time for any reason.
- You may make use of the Website on one computer for your own personal, non-commercial use. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, either electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Website content or any portion thereof. KZR reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on KZR's computer network infrastructure.
- The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Website is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Website. The posting of information or material at the Website by KZR does not constitute a waiver of any right in such information and/or materials.
- EXTERNAL LINKS. The Website may contain links to the Internet websites of other third-parties ("Third-Party Websites"). KZR is not responsible for the accessibility of these Third-Party Websites, their resources, content, products and/or services. Furthermore, KZR is not responsible for (nor does it endorse) any of the content, advertising, products and/or services, or other materials available on or through any Third-Party Websites. Under no circumstances shall KZR be held responsible or liable, directly or indirectly, for any loss or damage caused, or alleged to have been caused, by use of, or reliance on, any content, goods and/or services available on or through such Third-Party Websites.
- WARRANTIES/LIMITATION OF LIABILITY. THE WEBSITE, AND ANY SERVICE AVAILABLE HEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PUSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE WEBSITE, AND ANY SERVICE AVAILABLE HEREIN, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. KZR HAS NO LIABILITY TO YOU WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, AND ANY SERVICE CONTAINED HEREIN. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, KZR IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND KZR. THIS WEBSITE, AND ANY SERVICE CONTAINED HEREIN, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO INFORMATION, WHETHER ORAL OR WRITTEN SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT.
- ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN AN ELECTRONIC FILE MADE AVAILABLE BY AND THROUGH THE WEBSITE IS DISCLAIMED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE WEBSITE AND/OR THE DOWNLOADING OF ANY SUCH MATERIAL.
- IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICES CONTAINED HEREIN AND/OR THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
- INDEMNIFICATION. You agree to indemnify, defend and hold harmless KZR, its partners, officers, directors, employees, shareholders, agents, contractors and attorneys from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Website.
- EQUIPMENT. You shall be responsible for obtaining and maintaining all telephone and computer hardware, and any and all other equipment needed for access to, and use of, the Website and all charges related thereto.
- LEGAL WARNING. Any attempt to damage, destroy, tamper with or vandalize the Website, or otherwise interfere with the operation of the Website is a violation of criminal and civil law and KZR will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law.
- MISCELLANEOUS PROVISIONS. This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the current Commercial Arbitration rules of the American Arbitration Association in effect at that time. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall prevent any party from seeking injunctive relief pending an outcome in arbitration. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Any cause of action or claim that you may have with respect to the Website or Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be time barred. KZR may assign its rights and duties under this Agreement to any party at any time without notice to you.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT AND THAT BY USING THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO.